Virginia Enshrines Abortion Up Until Birth into State Constitution

Virginians overwhelmingly voted on Tuesday to enshrine the right to kill unborn babies through abortion into their state constitution.

Virginia voters approved “Question 1” — which creates a right to abortions up until the moment of birth in the state — 61.4 percent to 38.6 percent with 86 percent of votes counted, the Associated Press (AP) projected.

While the measure allows for restrictions on abortions in the third trimester, the restrictions must have exceptions for a patient’s health or if the baby is likely not going to survive — wording which opponents say creates a loophole to allow abortion on demand in the state at the discretion of pro-abortion doctors.

Question 1, also called the “Right to Reproductive Freedom Amendment,” was led by Virginians for Reproductive Freedom and was placed on the ballot after state lawmakers passed it last year. The measure read:

Question: Should the Constitution of Virginia be amended to (i) protect the freedom to make personal decisions about prenatal care, childbirth, postpartum care, birth control, abortion, miscarriage management, and fertility care; (ii) protect doctors, nurses, and patients from being punished for these decisions; and (iii) allow for restrictions on access to abortion during the third trimester of pregnancy except when the patient’s health is at risk or the pregnancy cannot survive?

In Virginia, constitutional amendments must be approved by both the state House and Senate twice before being placed on a ballot and ratified by a simple majority of voters. The abortion amendment was sponsored by Democrat state Sen. Jennifer Boysko and Democrat Del. Charniele Herring.

Abortions were already legal in Virginia through 27 weeks of pregnancy.

Constitutional ballot measures in particular are effective as an offensive weapon because they are basically irreversible — they change a state constitution, take precedence over laws passed by state legislatures, and can only be overturned by another ballot measure or lengthy legal battles.

Abortion measures in the wake of the Dobbs decision have typically been propped up by left-wing organizations and affiliates with deep pockets — such as Planned Parenthood and the ACLU — out-of-state dark money groups, and billionaires with eugenicist leanings, oftentimes outspending pro-life organizations by double or triple.

Almost every pro-abortion-related ballot measure since the fall of Roe v. Wade has been successful. During the 2022 special elections, Kansans rejected a ballot measure that would have established that the state Constitution does not include a right to abortions. During the 2022 midterms, voters in California, Michigan, and Vermont codified abortion into their constitutions. At the same time, voters in Montana rejected a ballot measure that would have given rights to babies born alive in botched abortions. Voters in Kentucky also rejected an amendment similar to the one in Kansas. In November 2023, Ohioans voted to codify the supposed right to abortions in their state Constitution via Issue 1.

In November 2024, seven states voted in favor of pro-abortion measures, while three states rejected them, breaking the left’s winning streak. The states that rejected abortion measures last election cycle included Florida, South Dakota, and Nebraska.

Abortion is on the ballot in three other states in 2026, including Nevada, Idaho, and Missouri.

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.